PUTTACHANNAIAH Vs. SHIVALINGAIAH

JUDGEMENT

(1.) This is an appeal by the respondent-1 against the order dated 22-10-1977 passed by the Assistant Commissioner and Commissioner for Workmen's Compensation, Tumkur Sub-Division, Tumkur in Case No. WCC 4/73-74 awarding a compensation of Rs, 5000/-.

(2.) The facts that emerge from the material on record show that the deceased was working in the well which the respondent-1 was getting dug. According to Shri Bhat, Learned Counsel for the appellant, Respondent-1 had entrusted the work of digging the well to the contractor Respondent-4 and that he had engaged the deceased for the purpose of working in the well. According to him, he comes within the exception created by Section 2(n) of the Workmen's Compensation Act. Section 2(n) of the Workmen's Compensation Act reads thus :

(3.) It has been laid down in Popatlal Mayaram - v. - Bai Lakhu Jetha, AIR 1952 Saurashtra 74 that if a person is engaged for the purposes of digging the bore well and if in the course of that digging bore well, a pipe falls on the worker and he dies, he would be a workman within the meaning of Section 2(n) of the Workmen's Compensation Act. We are in full agreement with the said principles laid down by the High Court of Saurashtra.